Last Update: 1 March 2023

This document specifies the terms and conditions you should observe and obey when you access and use the website, online platform, training services and enrollment services offered by HK Finance and Legal Professional Training Institute or its affiliates (hereinafter called “HKFLI”, “We”, “Us” or “Our”) .

Under these Terms and Conditions (hereinafter referred to as “Terms”), our website located at www.hkfli.com shall be hereinafter referred to as “website”, and the website’s entire contents and functions (including but not limited to, all information, software, text, displays, images, video, audio, design, and any documentation pertaining to the foregoing hereinafter) shall be collectively referred to as the “Platform”. All services and products, including the online or offline continuous professional development (“CPD”) training program accredited by relevant authorized approvers (including but not limited to the Law Society of Hong Kong, Hong Kong Council for Accreditation of Academic & Vocational Qualifications or etc.) that are accessible through the Platform shall be collectively referred to as the “Services”.

By signing up on our Platform or using the Platform and/or the Services, you are deemed accept and be bound by to these Terms, as in effect and modified by us from time to time. If you do not accept any of these Terms, do not access or use the Platform or Services.

We may revise these Terms from time to time without notice to you. The revised Terms shall take effect immediately when they are posted on our Platform or HKFLI’s website. Your access or use of HKFLI’s website, the Platform or Services after the posting of the revised Terms shall constitute your acceptance of the said revised Terms. If you do not accept any changes of the revised Terms, do not access or use the Platform and/or Services.

SECTION 1 – SERVICES

The Platform is designed to provide continuous professional development (“CPD”) training accredited by relevant authorized approvers (including but not limited to the Law Society of Hong Kong, Hong Kong Council for Accreditation of Academic & Vocational Qualifications or etc.), subject to these Terms and your payment of fees, we grant you as a user a limited, non-exclusive and revocable licence to access and use the content of seminars, courses or e-learning programs available on the Platform.

All fees paid for the access or use of the Platform or any Services is non-refundable.

SECTION 2 – ACCOUNT REGISTRATION

You undertake to provide real names and information, ensuring such data accurate and up-to-date. You confirm you understand that it is strictly forbidden to provide any false personal information, or create more than one personal account, or create an account for another person other than yourself.

When you register for an account in the Platform and creating your own password, you are entirely responsible for safeguarding and maintaining the confidentiality thereof. You authorize us to assume that any person using the Platform with your register information and password is you.

SECTION 3 – DISCLAIMER

The Platform and Services are provided “AS IS” and “AS AVAILABLE” and hence, we, to the fullest extent permissible pursuant to applicable law and despite the fact that we have paid reasonable effort to ensure the integrity and accuracy of the Platform and the Services, make no warranties that:

1. the Platform and/or the Services will meet any quality or fitness for a particular purpose expected by you
   
   
2. the operation of the Platform and/or the provision of Services will be uninterrupted, timely, secure, or error-free
   
   
3. information accessed via the Platform and/or the Services is complete, truthful, accurate, or reliable
   
   
4. the access/use of the Platform and/or Services is compatible with your computer equipment or mobile device
   
   
5. the access/use of the Platform and/or Services is free of errors, viruses, worms, “trojan horses” or any other problems
   
   
6. any errors in the Platform and/or in the Services will be corrected

We may upgrade or modify the Platform and/or the Services at any time in our sole discretion. We shall not be liable or provide warranty to you for any modification, suspension or discontinuance of the Platform or Services.

You acknowledge that your access or use of the Platform and/or Services shall be at your own risk. We shall have no liability for any damage, loss, expense or detriment caused, whether directly or indirectly, by a defect under the Platform and/or any of the Services.

You acknowledge that we are not responsible for the accuracy of users’ compliance with the CPD rules of the Law Society of Hong Kong, Insurance Authority or other relevant regulators.

SECTION 4 – INTELLECTUAL PROPERTY RIGHTS

You shall acknowledge that the intellectual property and copyright of the Platform and Services, including (but not limited to) data, text, content, software, video, music, sound, graphics, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material and any compilation or combination of them are solely owned or controlled by HKFLI and protected world-wide; and undertake to promptly notify us upon discovery of any unauthorized use of the Platform, the Services and/or the training programs, and take reasonable steps to immediately stop such use and prevent further breach of these Terms.

You are hence prohibited from doing the following:

• copy, reproduce, reverse engineer, decompile or disassemble any part of the Platform and the Services, or permit any third party to do the same
  
  
• use the Platform and the Services to manufacture, or enable manufacture by third parties, products that are derived from HKFLI’s information or products
  
  
• make any part of the Platform or Services available as part of another website, whether by hyperlink framing on the Internet or otherwise

SECTION 5 – RESTRICTIONS

You are specifically restricted from all of the following:

• uploading viruses or malicious codes, or take any other action on the Platform that could anyway compromise any functionality thereof
  
  
• accessing any account belonging to someone else, or using any robot, scraper, or other automated means to access or use the Platform and/or the Services for any purpose
  
  
• transferring your access licence to the Platform and/or Services to a non-authorized third-party
  
  
• using the Platform and/or Services in any way that is contrary to applicable laws and regulations
  
  
• using the Platform and/or Services in any way that may cause harm to the website, to HKFLI or to any person or business entity

HKFLI reserves the right to seek all remedies available at law for breaches of any of these restrictions, HKFLI shall be entitled to injunctive relief and/or a decree for specific performance and such other relief as may be proper (including monetary damages if appropriate). including all legal costs and expenses.

SECTION 6 – PRIVACY AND DATA PROTECTION

We shall collect and hold personal data provided by users in their enrollment, access or use of the Platform and/or any Services. Please refer to HKFLI’s Privacy Policy Statement for details.

SECTION 7 – INDEMNITY

You undertake to indemnify and hold harmless HKFLI, and its affiliates, employees, agents, co-branders or other partners, and employees from and against any or all claims, proceedings, damages, losses, injuries, costs and expenses or liabilities arising from:

• Your breach of any of these Terms
  
  
• You make misrepresentation, or breach of representation or warranty made by you contained herein

If any third party (including, without limitation, any enforcement agencies, public administrations, private entities, etc.) brings a claim against us in connection with any of your violation of these Terms, you shall indemnify and hold us and our affiliates, employees, agents, co-branders or other partners harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

SECTION 8 – LIMITATION OF LIABILITY

You expressly understand and agree that to the extent permitted by law, HKFLI shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, resulting from your use of the Platform and/or Services.

SECTION 9 – GOVERNING LAWS

These Terms shall be construed in accordance with, and shall be governed by, the laws of the Hong Kong Special Administrative Region.

SECTION 10 – SEVERABILITY

If any one or more provisions of these Terms is held invalid, illegal or unenforceable in any respect for any reason or in any circumstance, the validity, legality and enforceability of that term or condition in any other respect and the remaining provisions of these Terms shall not in any way be impaired.

SECTION 11 – MISCELLANEOUS

Force majeure. We will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials

Notification. We may send notices to you via your e-mail address supplied in your account as part of the mandatory data you need to provide during your registration of the Platform. In addition, we may broadcast notices through the website or Platform to inform matters of importance, and such broadcasts shall constitute official notice to you. Any notices or communication under these Terms will be deemed delivered to the receiving party 1(one) business day after the broadcast date.

No implied waiver. Any tolerance or silence by us, even if on a continuous basis, in relation to any breach by you of any provision of these Terms shall not be considered as our consent to such breaches and shall not affect the validity of the clause breached nor shall be construed as a waiver to any of the rights pertaining to us pursuant to these Terms.